Nevada § 629.580 - Provision of services is not violation of law based on unlicensed practice; exceptions; required disclosures; penalty; applicability

§ 629.580. Provision of services is not violation of law based on unlicensed practice; exceptions; required disclosures; penalty; applicability

1. A person who provides wellness services in accordance with this section, but who

is not licensed, certified or registered in this State as a provider of health care,

is not in violation of any law based on the unlicensed practice of health care services

or a health care profession unless the person: (a) Performs surgery or any other procedure which punctures the skin of any person; (b) Sets a fracture of any bone of any person; (c) Prescribes or administers X-ray radiation to any person; (d) Prescribes or administers a prescription drug or device or a controlled substance

to any person; (e) Recommends to a client that he or she discontinue or in any manner alter current

medical treatment prescribed by a provider of health care licensed, certified or registered

in this State; (f) Makes a diagnosis of a medical disease of any person; (g) Performs a manipulation or a chiropractic adjustment of the articulations of joints

or the spine of any person; (h) Treats a person's health condition in a manner that intentionally or recklessly

causes that person recognizable and imminent risk of serious or permanent physical

or mental harm; (i) Holds out, states, indicates, advertises or implies to any person that he or she

is a provider of health care; (j) Engages in the practice of medicine in violation of chapter 630 or 633 of NRS , the practice of homeopathic medicine in violation of chapter 630A of NRS , the practice of naprapathy in violation of chapter 634B of NRS or the practice of podiatry in violation of chapter 635 of NRS , unless otherwise expressly authorized by this section; (k) Performs massage therapy as that term is defined in NRS 640C.060 , reflexology as that term is defined in NRS 640C.080 or structural integration as that term is defined in NRS 640C.085 ; (l) Provides mental health services that are exclusive to the scope of practice of

a psychiatrist licensed pursuant to chapter 630 or 633 of NRS , or a psychologist licensed pursuant to chapter 641 of NRS ; or (m) Engages in the practice of applied behavior analysis in violation of chapter 641D of NRS . 2. Any person providing wellness services in this State who is not licensed, certified

or registered in this State as a provider of health care and who is advertising or

charging a fee for wellness services shall, before providing those services, disclose

to each client in a plainly worded written statement: (a) The person's name, business address and telephone number; (b) The fact that he or she is not licensed, certified or registered as a provider

of health care in this State; (c) The nature of the wellness services to be provided; (d) The degrees, training, experience, credentials and other qualifications of the

person regarding the wellness services to be provided; and (e) A statement in substantially the following form: It is recommended that before beginning any wellness plan, you notify your primary

care physician or other licensed providers of health care of your intention to use

wellness services, the nature of the wellness services to be provided and any wellness

plan that may be utilized. It is also recommended that you ask your primary care physician or other licensed

providers of health care about any potential drug interactions, side effects, risks

or conflicts between any medications or treatments prescribed by your primary care

physician or other licensed providers of health care and the wellness services you

intend to receive. A person who provides wellness services shall obtain from each client a signed copy

of the statement required by this subsection, provide the client with a copy of the

signed statement at the time of service and retain a copy of the signed statement

for a period of not less than 5 years. 3. A written copy of the statement required by subsection 2 must be posted in a prominent

place in the treatment location of the person providing wellness services in at least

12-point font. Reasonable accommodations must be made for clients who: (a) Are unable to read; (b) Are blind or visually impaired; (c) Have communication impairments; or (d) Do not read or speak English or any other language in which the statement is written. 4. Any advertisement for wellness services authorized pursuant to this section must

disclose that the provider of those services is not licensed, certified or registered

as a provider of health care in this State. 5. A person who violates any provision of this section is guilty of a misdemeanor. Before a criminal proceeding is commenced against a person for a violation of a

provision of this section, a notification, educational or mediative approach must

be utilized by the regulatory body enforcing the provisions of this section to bring

the person into compliance with such provisions. 6. This section does not apply to or control: (a) Any health care practice by a provider of health care pursuant to the professional

practice laws of this State, or prevent such a health care practice from being performed. (b) Any health care practice if the practice is exempt from the professional practice

laws of this State, or prevent such a health care practice from being performed. (c) A person who provides health care services if the person is exempt from the professional

practice laws of this State, or prevent the person from performing such a health care

service. (d) A medical assistant, as that term is defined in NRS 630.0129 and 633.075 , an advanced practitioner of homeopathy, as that term is defined in NRS 630A.015 , or a homeopathic assistant, as that term is defined in NRS 630A.035 . 7. As used in this section, “ wellness services ” means healing arts therapies and practices, and the provision of products, that

are based on the following complementary health treatment approaches and which are

not otherwise prohibited by subsection 1: (a) Anthroposophy. (b) Aromatherapy. (c) Traditional cultural healing practices. (d) Detoxification practices and therapies. (e) Energetic healing. (f) Folk practices. (g) Gerson therapy and colostrum therapy. (h) Healing practices using food, dietary supplements, nutrients and the physical

forces of heat, cold, water and light. (i) Herbology and herbalism. (j) Reiki. (k) Mind-body healing practices. (l) Nondiagnostic iridology. (m) Noninvasive instrumentalities. (n) Holistic kinesiology.